HAWTHORNE v. HAWTHORNE


13 N.Y.2d 82 (1963)

Edith Hawthorne, Appellant, v. Wilson Hawthorne, Respondent, et al., Defendant.

Court of Appeals of the State of New York.

Decided July 10, 1963.


Attorney(s) appearing for the Case

Philip D. O'Donnell for appellant.

John F. Daly for respondent.

Chief Judge DESMOND and Judges DYE and FOSTER concur with Judge BURKE; Judge FULD concurs in result; Judges VAN VOORHIS and SCILEPPI dissent and vote to affirm.


BURKE, J.

The question presented is whether the proceeds of a standard fire insurance policy insuring the interest of plaintiff wife and defendant husband as tenants by the entirety of real property must be divided at the demand of one of the owners or are impressed in equity with the inseverable quality of the ownership of the realty against whose loss they are payable.

The unity of person of husband...

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